Barigye

dissenting.

Barigye had many hearings, which were filled with inconsistencies. He testified inconsistently even as to his name from one *651 hearing to the next. His testimony also varied on how well he could understand English, as did his witnesses’s testimony. It was hard for the immigration judge to get a straight answer from him on when he left college. The immigration judge gave the petitioner two half-days for his hearing, which is much longer than the usual hearing. After numerous adjournments, the more petitioner testified, and the more the judge patiently listened and assisted in trying to clear up confusion, the harder it became even to tell what petitioner’s name was, let alone what had supposedly happened to him and when. He had used a name that he testified was false on the earlier documents he’d filed in United States immigration proceedings.

Eventually, the judge concluded that “he has no credibility.” But the judge allowed him to testify in case his lawyer could do something to establish a case despite the credibility problem. Eventually, the judge said “I have heard enough of the respondent’s tell-tales, and they are never ending stories. The bottom line is, the…

MEMORANDUM *

Allan Byakwaga Barigye, who claims that his true identity is Allan Semambo Matovu Barigye (Barigye), petitions for review of an order by the Board of Immigration Appeals (BIA) adopting and affirming an Immigration Judge’s decision and denying Barigye’s motion to remand. Because Barigye’s immigration hearing violated due process, we grant the petition and remand for a new hearing.

We have held that an immigration judge violates due process when he prevents a petitioner from presenting his detailed story at a hearing and does not allow the petitioner to elaborate on his written testimony. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). The IJ refused to allow Barigye to testify regarding the merits of his asylum claim; instructed him not to elaborate on his written asylum application; and, as the government concedes, refused to allow Barigye to provide any “evidence associated with claims that Allan Semambo Matovu Barigye was and might be persecuted and tortured in Uganda because of his Matovu name,” after concluding that Barigye was not who he said he was.

Because the IJ prevented Barigye from presenting his full testimony as to his identity and his resulting…